investor-state disputes | ISDS
Investor-state dispute settlement (ISDS) refers to a way of handling conflicts under international investment agreements whereby companies from one party are allowed to sue the government of another party. This means they can file a complaint and seek compensation for damages. Many BITs and investment chapters of FTAs allow for this if the investor’s expectation of a profit has been negatively affected by some action that the host government took, such as changing a policy. The dispute is normally handled not in a public court but through a private abritration panel. The usual venues where these proceedings take place are the International Centre for Settlement of Investment Disputes (World Bank), the International Chamber of Commerce, the United Nations Commission on International Trade Law or the International Court of Justice.
ISDS is a hot topic right now because it is being challenged very strongly by concerned citizens in the context of the EU-US TTIP negotiations, the TransPacific Partnership talks and the CETA deal between Canada and the EU.
15-Dec-2016
Jakarta Post
The Indonesian government should stick to its policy of removing the investor-state dispute-settlement (ISDS) mechanism from its bilateral investment or trade treaties.
15-Dec-2016
Reuters
A World Bank tribunal ordered Venezuela to pay steelmaker Tenaris SA $162 million for expropriating two investments in the country
15-Dec-2016
Bloomberg
The European Union and Canada will launch a proposal for a new global investment court system for settlements of disputes between states and foreign investors over discriminatory treatment.
14-Dec-2016
Live Mint
If we can manage our own economies well, new trade pacts will become largely redundant.
12-Dec-2016
Investing News Network
The claim relates to Eco Oro’s dispute with Colombia in relation to State measures that have destroyed the value of its investments in the Colombian mining sector.
8-Dec-2016
DW
Germany’s highest court has ruled in favor of three power companies in a dispute over a government decision to phase out nuclear energy. Vattenfall is also suing at the International Center for Settlement of Investment Disputes (ICSID).
8-Dec-2016
ABC News
A new report finds that corporations have launched 50 lawsuits, worth at least $US31 billion, using secret international arbitration tribunals against 11 countries in the Asian region.
7-Dec-2016
Digital Look
A tribunal has struck out a claim by Churchill Mining for damages after Indonesia’s government revoked its licence for a coal project.
7-Dec-2016
Lexology
The conclusion of negotiations between India and Brazil culminating in a near-final treaty between the two nations.
6-Dec-2016
ABC
The problem with free trade deals is they rarely are about trade. In fact, trade usually is a side issue. And the TPP was a classic case in point.
6-Dec-2016
Newstalk
Officials in Brussels have announced that they are close to securing a free trade agreement with Japan.
1-Dec-2016
Jakarta Post
Indonesia will seek a win-win outcome for the Comprehensive Economic Partnership Agreement (CEPA) with the European Union, having exchanged views on a number of crucial sticking points ahead of the next round of negotiations in January.
30-Nov-2016
La Libre
La crise du mois d’octobre dernier était peut-être inutile.
30-Nov-2016
Vieuws
The European Commission wants to give a strong push within the EU and around the globe for the establishment of a multilateral investment dispute settlement system.
29-Nov-2016
Business Standard
The EU terms India’s move ’unilateral’, says lack of investor protection might stop European investments to India.
24-Nov-2016
Hindustan Times
India will not renew an investment treaty with the Netherlands that will expire on November 30 as part of its plan to rework all similar pacts it signed with other countries.
22-Nov-2016
Sierra Club
We urgently need a new approach to trade that prioritizes the needs of people and planet.
21-Nov-2016
Mexico Star
Hong Kong and Chile confirmed that they have signed a bilateral investment agreement at the APEC summit.
17-Nov-2016
The Guardian
Rising inequality is largely to blame for this electoral upset. Continuing with business as usual is not an option.
16-Nov-2016
TeleSUR
The oil giant Chevron Texaco and its decades-long battle to avoid paying damages it owes in one of the worst environmental disasters in history.
